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2010 Supreme(Ker) 322

K.T.SANKARAN
Lali. D. S. – Appellant
Versus
Mahatma Gandhi University – Respondent


Advocates appeared:
For the Petitioner:Siji Antony, Advocate.
For the Respondents:T.A. Shaji, Sc, M.G. University, Advocate.

Judgment :

1. The scope and ambit of Sections 32 and 33 of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as the Act) and the extent of the power of the appropriate Government arise for consideration in this Writ Petition.

2. The petitioner is a Graduate. She has completed P.G.Diploma in Computer Application. She is blind. According to her, the percentage of her blindness is 100%. The Medical Board has certified that the petitioner is blind. Mahathma Gandhi University invited applications from suitable candidates for being appointed to the post of Assistant Grade-II. The petitioner applied for the same. After holding a screening test in 2006, the University invited the petitioner to appear for the written test held in 2009. She appeared for the written test. The petitioner was successful in the written test. The petitioner had appeared for the written examination with the help of a scribe, as sanctioned by the University.

3. The University issued Ext.P2 notification dated 2.11.2009 directing all the physically handicapped candidates, who had appeared for the written examination, to appear for an in





























































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